How to fire an employee without violating the shopping mall. Dismiss for violation of labor discipline. Dismissal for absenteeism

Do you think it's easy? Nothing like this. If an employee refuses to quit on their own or by agreement of the parties, only the most skilled employer can make him leave without breaking the law. If it's only about money, it's usually easier to give in. A person who categorically refuses to leave can only be fired for guilty and innocent actions. Both options require serious preparation.

Guilty actions

This paragraph will focus mainly on disciplinary actions. The application of penalties is regulated by an article of the Labor Code.

For the imposition of penalties, a documentary base is needed - responsibility for violation of discipline or failure to fulfill obligations must be written in job description... Start with a clear definition of responsibilities. List all the actions that the worker must perform. Additionally, you can draw up a work plan, for example, for a month. In this case, it will be possible to ask for failure to complete tasks within a specific time frame. In addition, the job description should stipulate the employee's obligation to follow corporate rules and internal documents.

It is almost impossible to dismiss for the first offense, although the article of the Labor Code permits this. The court will surely restore it - this is the practice.

Even in the case of gross misconduct listed in the article of the Labor Code (for example, truancy or appearance at the workplace in a state alcoholic intoxication, disclosure trade secrets, committing theft at the place of work, etc.), the courts often require the reinstatement of the offender at work with the wording "guided by the principles of humanism."

If you lose the court, you will have to compensate for the employee's lost earnings. In practice, it is always necessary to impose several disciplinary actions. Moreover, a person must be given time to correct.

As I mentioned above, sometimes it's easier to pay compensation right away.

Innocent actions

If there is nothing to find fault with a person, you can fire him as part of the staff reduction. The employer himself determines its size and structure - this is his constitutional right. Articles and Labor Code define the procedure. But there are subtleties here too.

If in an organization several employees occupy the same positions, you will have to justify why a particular employee is being laid off, and not one of his colleagues. Arguing your choice in court, you have to rely on an article of the Labor Code.

Employees with higher qualifications and higher labor productivity have the preferential right to stay. This can be assessed by the results of work for a certain period and by the results of the annual certification. If you do not have such statistics, the court will most likely take the side of the dismissed person. With equal performance, the additional factors- persons with family responsibilities, those who do not have other people in the family with independent earnings, disabled people, etc. Shouldn't be the first to leave.

There is also such a nuance - the article obliges the employer to offer the redundant to take a vacant position in the company if he matches his qualifications. True, how the correspondence is determined is not said anywhere. This is one of the norms poorly regulated by legislation. I watched as the court reinstated the sales manager because he was not offered to take a driver's vacancy - he could apply for it, so he had a car license.

In practice, it looks like this. It is not enough to offer a vacancy once - you need to do it at least three times: on the day of delivery of the notice of reduction, that is, two months in advance, in a month and directly on the day of separation. It is ideal to make reductions when there are no vacant positions in the company. If they are, you offered them, and the person refused, ask him to do it in writing.

If an employee falls into one of the privileged categories (pregnant women, mothers with children under the age of three years etc.), it is already very difficult to fire him. The basis may be an article of the Labor Code. If the organizational or technological working conditions are radically changed, the person may want to leave on his own.

Let's say a company transfers accounting to outsourcing, leaving only one task inside - to keep current reports. In this case, not only responsibilities are reduced, but also work time, and hence the level of income. The main difficulty here is to document changes in working conditions. If the employee's functions are outsourced, it will be necessary to show the contract with the appropriate outsourcer. The courts are carefully considering such cases.

A radical way is to dismiss an employee by liquidating a branch or representative office. In this case, the personnel issue is solved simply: the division is closed according to the rules of liquidation of the company, all employees are laid off. But for the sake of one person, no one will fence such a garden.

Conclusion

To summarize, to summarize the steps that HR should take in advance:

1) In the job descriptions, duties and responsibilities for non-fulfillment must be spelled out in great detail.

2) There should be no discrepancies between employment contracts and other documents that employees are required to follow.

3) It is necessary to officially introduce employees to all the new requirements. If someone disagrees, fill out an act. Three more employees must sign it.

4) When carrying out any procedures (staff reduction, application of penalties), strictly observe the norms and requirements of the law. For example, a reduction notice must be sent at least two months in advance, and the time to prepare an explanation of the misconduct must be two days in advance, etc.

5) The main thing is to initially support with employees good relationship... it The best way avoid conflicts.

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Cover photo: David McNew / Reuters

Firing the wrong employee is easy. It is much more difficult to find a legal justification for this. What legal opportunities does the Labor Code provide to employers who are faced with the task of getting rid of the ballast in the form of ineffective employees?

Natalia Petrykina, specialist in corporate and labor law

First of all, you need to understand what an ineffective employee is and what this definition means when translated into the language of the Labor Code.

The concepts of "efficiency" and "ineffectiveness" of personnel are used by HR-managers as a complex characteristic, which consists of assessing the degree of competence, productivity, initiative and loyalty of employees. In legal language, these concepts correspond to the terms "qualifications" and "discipline". It follows that if the quality of work or behavior of an employee does not meet these two criteria, he may be fired. Let's talk in more detail about each of the possible reasons for the dismissal of an employee who works ineffectively.

Dismissal if not passing the probationary period

The probationary period is a measure aimed at identifying compliance professional qualities the newly accepted employee of the position he holds. The probationary period, as a rule, lasts up to three months, and during it labor contract with the test subject can be terminated at any time. Please note that the test condition must be included in the employment contract (and also, preferably, in the order and application for employment). Otherwise, the employee is considered hired without a probationary period and, of course, it is impossible to dismiss him on the basis of not passing the test.

If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the test subject ahead of schedule, notifying him in writing no later than three days before the termination date, indicating the reasons that served as the basis for recognizing the employee as having failed the test.

Termination of an employment contract by agreement of the parties

This is a very convenient and conflict-free way of termination labor relations foreseen Labor Code... Its essence lies in the fact that the parties agree to terminate the employment contract at a certain time, chosen by them. This method is convenient to use when both parties are determined to break off labor relations, and the date is chosen taking into account their mutual interests (for example, when a replacement will be selected for a resigning employee or when he finds a new job).

Termination of a fixed-term employment contract

If a fixed-term employment contract is concluded with an employee who turns out to be ineffective, then it can be terminated easily and simply after the expiration of the contract. In this case, the employer is not required to justify his decision. The only condition is that the employee must be notified of this in writing no later than three days before dismissal.

Dismissal to reduce the number or staff of employees

It is tempting for an employer to use this rule to fire all unsuitable workers under this guise at once, but this most likely will not succeed. First of all, the procedure for implementing this norm of the Labor Code is rather complicated. It is necessary to notify the dismissed workers in writing at least two months in advance. You must first try to employ them for other available vacant positions in the organization. Upon dismissal, the employer is obliged to pay severance pay and the average monthly salary for the next two months. Although preemptive right employees with the highest qualifications and productivity have to retain their positions; with equal indicators, preference should be given to family members and some other categories of personnel. With all of the above, it is clear that downsizing or downsizing is not the best way to get rid of inefficient workers.

Dismissal of an employee for health reasons or due to insufficient qualifications

Dismissal on this basis is possible only if the unsatisfactory state of health is confirmed by a medical certificate, and insufficient qualifications - by the results of certification. Please note that you cannot fire an employee on the grounds that he often takes sick leave. For dismissal you will need medical report about the persistent inability of the employee to perform a specific type of work. Inconsistency with the position held due to insufficient qualifications can only be confirmed by the results of attestation. Meanwhile, the Labor Code does not contain general rules its implementation. However, for certain categories of workers, sectoral rules for conducting certification have been approved, and they can be guided by. There are three fundamental points that matter here. First, assessments should be carried out regularly, and not only when it becomes necessary to fire someone. Secondly, the conclusions of the attestation commission may turn out to be untenable if the fact of insufficient qualifications is established due to a short work experience, as well as due to the lack of special education. Thirdly, before dismissing an employee on this basis, the employer is obliged to offer him another, more suitable for his experience and qualifications, work in the organization.

Dismissal of an employee in case of repeated non-fulfillment by him job responsibilities if he has a disciplinary penalty

This is a good reason to fire a negligent worker if management's patience has run out. For dismissal on this basis, it is necessary that disciplinary measures have already been applied to the employee during the year. Please note that the fact of the existence of disciplinary sanctions must be documented, for which it is necessary to follow the procedure for imposing disciplinary sanctions. Let us briefly recall what it consists of. First, the fact of violation of discipline must be confirmed by a written explanation of the employee. Secondly, the order to impose a disciplinary sanction must be announced against receipt no later than three days from the moment of its signing and applied no later than one month from the day the offense was discovered.

Dismissal due to a single gross violation of labor duties by an employee

One-time gross violation work duties can be considered the following actions:

Absenteeism

Appearance at work in a state of alcoholic or other intoxication

Disclosure of State or Commercial Secrets Protected by Law

Committing theft, embezzlement or willful destruction of property at the place of work

Violation of safety rules with the onset of grave consequences

All these violations are of a rather extreme nature, if we take into account the fact that most often employees, especially highly qualified ones, care not only about the company's reputation, but also about their own. But if the violation did take place and the employer intends to fire the culprit, the following procedure must be followed. First, the fact of violation labor discipline must be recorded in writing. Secondly, the guilty employee must be removed from work and, thirdly, a written explanation of what happened should be obtained from him. Only then can a dismissal order be issued.

Committing guilty actions by an employee serving commodity or monetary values

This is another reason for the dismissal of an employee who has proven himself not with better side... This rule applies only to employees who directly serve commodity or monetary values. The reason for the dismissal is the culpable actions of the employee, which give rise to the loss of confidence in him. Such actions can be, for example, receiving payment for services without issuing the relevant documents. In addition, if the employee has committed mercenary offenses outside the place of work, the employer still has the right to fire him due to the loss of confidence in him.

Termination of admission to state secrets

On this basis, an employee who does not have access to state secrets may be dismissed when his work involves the use of information related to it. Please note that if the employee proves in court that in fact his work was not related to confidential information, the court will decide on his reinstatement.

One-time gross violation by the head of the organization of his labor duties

This ground for dismissal can be applied to the heads of not only organizations, but also branches and others. separate subdivisions, as well as to their deputies. The labor duties of the manager are contained, as a rule, in their employment contracts and statutory documents of the company. The rudeness of the violation implies, first of all, guilt and significant damage caused.

Termination of the employment contract with the head of the organization in the cases provided for by the employment contract

The special position of the head of the organization also presupposes special measures of responsibility, which are enshrined in the employment contract. Since the prosperity of the company directly depends on the actions of the head, the basis for the dismissal of the head may be his "inefficiency", which is reflected in the employment contract in the form specific tasks which have not been achieved in practice.

That's all possible options available to the employer. However, oddly enough, most often they get rid of an ineffective employee with the help of his own statement "of his own free will." This is justified in cases where the employer, having the opportunity to dismiss the employee on a guilty basis, gives him a chance to leave without spoiling the work book with an unpleasant wording. In other cases, the manager must remember that an employee who quit his job "of his own free will" under pressure can go to court. If the case is won by him, then the employer will not only have to reinstate the employee, but also pay him a considerable amount of compensation.

Such situations are not uncommon at the enterprise when the manager is forced to dismiss the employee under the article. There is no such thing legally. According to the Labor Code of the Russian Federation, dismissal under the article occurs regardless of the reasons. The fact is that the use of certain norms as a basis for the removal of an employee from office can have an extremely negative effect on his future organization. Consider further some labor clauses on dismissal.

Reduction or liquidation

This is one of the reasons why a dismissal can be made. According to article 81, paragraph 4, only the chief accountant, the head and his deputy can be dismissed in the event of a change in the owner of the company. This provision does not apply to other (ordinary) specialists of the enterprise. With the reduction of staff, some categories of professionals cannot be dismissed from office by law. Such "untouchable" employees are those who have a long and uninterrupted experience in this company or are the only breadwinners in the family.

Inconsistency

According to the Labor Code, dismissal under Article 81, paragraph 3 can be carried out due to incompetence with insufficient qualifications of a specialist, confirmed by the results of certification. To identify the fact of discrepancy, a special commission is organized. It usually includes:

• Director of the enterprise.
• Human Resources Representative.
• Subject's immediate superior.

The certification is confirmed by the corresponding order. The subject receives a task that does not go beyond the scope of his job description and corresponding to his qualifications and specialization. If the task, in the opinion of the specialist, was not drawn up in accordance with his duties, then the results of the certification can be challenged. For this, a complaint is written to the labor inspectorate within the time period established by law and a claim is filed with the judicial authority. Based on the results of the certification, a final report is drawn up.

Transfer to another position

Dismissal under Article 81 is allowed if it is impossible to send a specialist with his written consent to perform other professional tasks at the enterprise. This can be a free, corresponding to the qualifications of an employee, and a lower or less paid position, which can be performed by him taking into account his health. In this case, the employer is obliged to offer all vacancies that meet the above requirements and are available in a particular area. The manager is obliged to propose activities that need to be performed in another territory if this is expressly provided for in an employment, collective or other contract or agreement. The specialist can refuse the provided options. In this case, the manager can fire him.

Non-performance of duties

Dismissal under Article 81, paragraph 5 has a number of features. In particular, the manager can relieve an employee from office if the former repeatedly fails to fulfill his duties, without having good reason, and at the same time a disciplinary sanction was imposed on him. The latter is allowed in the form:

• reprimand;
• remarks;
• dismissal from office.

If there are valid reasons for non-performance of duties, the employee must state them in writing.

Absenteeism and lateness

The specialist may be absent on site for different reasons... If they are respectful, then they must be confirmed by appropriate papers. For example, if an employee is sick, he provides sick leave... If the reasons for the absence are disrespectful, then this is called truancy. All the circumstances for which the specialist was not at work shall be stated in writing. The decision on recognizing or not recognizing them as respectful is made by the head. If it becomes necessary to be absent from the enterprise, you must first write a corresponding application. It is drawn up in 2 copies, on which the director puts a note "I do not mind". The situation with delays is somewhat more complicated. The absence of an employee from the workplace for more than 4 consecutive hours during the shift (day) will be considered a single gross violation. Thus, if a specialist is late for an hour, then he cannot be dismissed for this reason. But in the case of repeated such violations, a disciplinary penalty may be imposed, followed by dismissal.

Waste and embezzlement

These reasons are considered one of the most indisputable of all the circumstances for which dismissal can be carried out under the Labor Code. When committing theft, including petty, other people's property (in this case, belonging to an enterprise or other employees), its waste, damage or destruction, established by a decree of the body or officials authorized to consider cases on administrative offenses, or by a court verdict that has come into force, the specialist is dismissed from his position.

As can be seen from the text of the norm, an appropriate act is required, which, in fact, is the result of an investigation. However, often in practice, management is lenient and offers voluntary dismissal. The article in this case will be different. Theft or other serious violation can damage not only the reputation of the employee himself (even if he is innocent), but also the enterprise itself. The consequences in such situations are almost always dismissal. Under what article to dismiss an employee from office - the choice of the manager.

Drunkenness

The legislation notes several significant nuances to the dismissal procedure for this reason. In this case, a number of conditions must be met. First of all, the fact of being intoxicated directly at the workplace should be recorded, and not just the use of alcohol. Also, the reason will act as a significant circumstance only if the employee appears at the enterprise in this form during the shift. Thirdly, intoxication is considered not only a condition after taking alcohol, but also any other condition that occurs when using narcotic or other toxic substances.

Loss of trust

For this reason, only financially responsible employees can be dismissed. These include, in particular, those who have access to money or other values ​​of the enterprise, carry out their reception, distribution, storage, and so on. Such financially responsible persons may be:

• Cashier.
• Warehouse Manager.
• Accountant.
• Economist.
• Salesman.
• Forwarder and so on.

Loss of trust may be the result of willful misconduct or negligence, neglect of one's duties. As with truancy, the employee must be proven guilty. Confirm misconduct an employee can have a memorandum, act of audit or inventory.

Dismissal of their own free will: article of the TC

This is the most common way to terminate a contract. Every day, many employees, of their own free will or on the recommendation of their superiors, vacate their positions in this way. However, from a legal point of view, this will always be a dismissal of your own free will. Article of Labor Code No. 80 regulates this procedure. It is worth noting that it does not present such difficulties as in other cases. So, when an employee commits any disciplinary offenses, his guilt must be proven.

If the dismissal is made of their own free will, the article of the Labor Code of the Russian Federation only requires that the specialist be obliged to notify the employer 2 weeks before the expected date of leaving about his intention. In general, the procedure for obtaining dismissal from office in such cases is not difficult. As in other situations, a corresponding entry is made in the labor document: "Dismissal under Article 80". To start this procedure, the specialist must write a statement. The employee has the right not to explain the reasons for his decision. The article of the TC "Dismissal on one's own" does not bear any negative consequences. However, you should be prepared for the fact that when applying for a new job, the head of another company or a representative of the personnel department will be interested in the reasons for this decision.

Design features

The procedure for dismissal under the article should be carried out if there are documented grounds. In addition, the mandatory steps that this procedure includes must be followed. There are different stages for each case. However, in any situation, non-observance of any of it can lead to negative consequences. In particular, the employee can appeal against the misconduct of the employer.

Attestation of fact

If there is any violation, this step is considered mandatory. As mentioned above, for dismissal due to drunkenness, it is necessary to witness drunkenness directly during working hours, and not just the direct fact of drinking. Theft is proven in 3 stages. In particular, the law requires documentary evidence of the misconduct, as well as the order or sentence. Only after this can the dismissal be made.

A warning

This stage also has its own characteristics, which depend on the reason for which the employee leaves. For example, in the event of the liquidation of a company with the subsequent dissolution of the state, in case of any other change in the routine of activities at the enterprise and a reduction in the number of employees, the employer must notify the specialists 2 months before the date on which these activities will be held. The same conditions are observed when an unqualified employee is dismissed from office or when the results of his certification are unsatisfactory. In the event that an employee commits a violation (failure to fulfill his duties, absenteeism, non-compliance with the routine of the enterprise, etc.), the employer is obliged to take a written explanation from him. After that, the manager has a month to apply disciplinary action to the employee if the reasons are considered disrespectful. Only one penalty can be applied for each violation. If, for example, a remark was made for absenteeism, then it is impossible to dismiss an employee for the same offense.

Familiarization with a specialist

This stage consists in notifying the employee and presenting him with the appropriate order. The latter indicates the reason for which he is dismissed from office, the basis and the date. Legislation requires the mandatory presence of a specialist's signature on this document. In case of refusal to certify the order, an act is drawn up in the presence of witnesses.

Explanatory

The need for this paper has already been mentioned above. The employer must demand from the employee a written explanation of his behavior. At the same time, the legislation does not oblige the employee to write this paper. He has the right to refuse the employer. Nevertheless, the absence of an explanatory sentence does not relieve him of disciplinary action. It will be rendered in any case 2 days after the above requirement has been submitted.

Order

Legislation requires the issuance of two such acts. The first order must confirm the imposition of a penalty in the form of dismissal, and the second acts as a basis for terminating the employment contract. In most cases, a second edition is sufficient. Everything must be attached to this order. regulations... These include, in particular:

• Details of acts and reports.
• Explanatory (if any).
• Other papers that confirm the existence of a valid reason for dismissing an employee from his position.

Dismissal of one's own free will (Article 80) provides as a mandatory application a statement of a specialist. In this case, you do not need to write an explanatory note, you should only notify the employer of your intention in time.

Personal documents

The employer is obliged to issue the employee his work book on the last day of the employee's stay at his enterprise. There should be a corresponding mark in it. The record must indicate the reason, as well as the article for which the dismissal was made. If the employee considers it unlawful, he can appeal the decision of the manager. To do this, he needs to contact the labor inspectorate, the court.

Compensation and payments

They are relied on depending on what the article of dismissal is worth. For childcare, in the event of staff reduction, liquidation of the company, on the personal initiative of the employee, the specialist is entitled to certain payments. In particular, he should be paid a salary for the time worked in the month of dismissal. The last day of work acts as the date of dismissal. The employee is entitled to a payment for unused vacation, benefits.

Consequences for the employee

They can be different and depend on the article specified in work book... This can be the reasons for the occurrence different kinds problems with the subsequent device to another enterprise. The reasons for dismissal are conventionally divided into three categories. Each of them provides for certain consequences. Thus, the articles are distinguished:

1. Related to the reorganization of the company. If the company complies with the norms of the law, the employee should be provided with assistance in finding a new job. In this case, the consequences for him are only positive.
2. Not listed in the work book. For example, there may be a mark that an employee vacated his position on his personal initiative, but in fact his serious misconduct simply did not receive publicity in order to avoid a scandal. In this case, no particular negative consequences are expected, but questions will arise when applying for a new enterprise in any case.
3. Specified in the labor. They can significantly damage your reputation. But in some cases it is more expedient to be honest.

Appeal against the decision of the head

When an employee is fired without sufficient or legal basis for this he has every right to go to court. The authorized authority, in turn, at the request of the employee, can issue a resolution to recover compensation from the employer for moral damage. If the actions of the manager are recognized as unlawful, the employee has the right to ask for a change in the wording of the reason for "dismissal on his own." In the same case, if the mark in the document is regarded as invalid, at the request of the employee, he will be given a duplicate. In this case, all the records that were present in it are transferred to the book, with the exception of the one that was recognized as illegal. The procedure for appealing a decision of the head is established in Art. 394. In addition to the court, an employee may apply to the labor inspectorate and initiate internal review at the enterprise for compliance with the law. As practice shows, such litigation does not happen so often. Usually, the dismissal of employees is done without conflict and noise.

The issue of dismissal from work for everyone is acute and becomes a problem not only for the employee, but also for the employer. How and for what can I dismiss an employee? What articles labor legislation can and should I refer? And what are the most frequent reasons for layoffs does the employer use?

President of the European Coaching Association (ECA) Konstantin Shamber told which employees are in the first place on the list to be fired.

You often go on sick leave. Constantly ask for permission to take work home due to illness. In the meantime, you are in a forced idle time, or someone else is working for you, and without any salary increments, or things are dead weight.

Such an employee first causes irritation, and then an outright desire to dump the ballast. Of course, such behavior does not fall under the article of the Labor Code, but the employer will always be able to make you an offer to quit on your own in such a way that you cannot refuse.

“If you have become a potential candidate for dismissal, then you need to understand in time, firstly, how you can be fired, secondly, in what time frame, and thirdly, with what consequences for you. -or compensation if your employment contract allows it or if you work for such people who are fundamentally not in your interests to upset.If you are employed in accordance with the rules of a modern contract, then spontaneous dismissal without compensation is possible only in extremely difficult cases of gross violation of the law, "- says Konstantin Shamber, President of the European Coaching Association (ECA) in China.

How and under what article does the dismissal take place?

Clause 4 of this article states that the head, his deputies and the chief accountant can be fired when the owner of the organization changes. In this situation, only the above persons can be dismissed. The new owner has no right to dismiss ordinary employees under this article.

When the organization is liquidated, everyone is subject to dismissal, this will affect even pregnant and young mothers.

When the number or staff is reduced, there are several groups of people who enjoy the exclusive right not to lose their jobs. These people include breadwinners and people with long-term uninterrupted work experience at a given enterprise, institution, organization.

Inconsistency ...

Another reason for dismissal is stipulated in paragraph 3 of Art. 81 of the Labor Code: "Incompliance of an employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification."

To identify the incompetence of an employee, a special certification commission should be created, which, as a rule, includes the deputy director of the organization, a representative of the personnel department and the immediate supervisor of the subject. It is published on its implementation special order... The subject is given a task that does not go beyond the job description corresponding to his position. Even if the members of the commission somehow agree among themselves and the task may be deliberately impossible, for example, in terms of time, you can write a complaint to the labor inspectorate and challenge the results of certification in court. A final report is drawn up on the attestation results.

Dismissal is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer. It could be like vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work that the employee can perform, taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.
In the event that the employee refuses in writing all the offers made to him, the employer may dismiss him.

Failure to ...

An employee can also be fired for non-performance of official duties. So, according to paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, the reason for dismissal may be "Repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary penalty."

Failure by an employee must be repeated and without good reason. Moreover, a disciplinary sanction must already be imposed on the employee.

According to Article 192 of the Labor Code of the Russian Federation, a disciplinary act is a failure to perform or improper performance by an employee through his fault of the labor duties assigned to him. Disciplinary action is allowed only in the form of:

• remarks;
• reprimand;
• dismissal on appropriate grounds.

To dismiss an employee on the basis of paragraph 5 of Art. 81 of the Labor Code of the Russian Federation, his failure to fulfill his labor duties should be:

a) repeated;

b) without good reason.

If there are valid reasons, then the employee must state them in writing. And at the same time, the employee must already have a disciplinary sanction drawn up accordingly.

Ivanov, I'm late again!

Another reason for dismissal, as stated in paragraph 6 of Art. 81 of the Labor Code of the Russian Federation, is "One-time gross violation of labor duties by an employee."

Absenteeism is considered absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration. The most important valid reason is sick leave. If after going to work you do not provide sick leave, then the employer can put you absenteeism.

If you had other valid circumstances, they must be stated in writing. It is up to management to decide whether the reasons you give are valid.

If you need to be absent from work, write a statement in two copies, on which your management puts its resolution "I do not mind", date and signature. The first copy is with the authorities, the second one should be kept with you.

Late things are different... "Absence from the workplace for more than four hours in a row during the working day (shift) is also considered a one-time gross violation." That is, if you are late for work for an hour, you cannot be fired on this point. However, for repeated delays, a disciplinary penalty can be imposed and subsequently dismissed under paragraph 5 of Art. 81, as for repeated failure of the employee to perform his job duties without good reason.

Theft and embezzlement

Perhaps the most indisputable reason for dismissals is contained in subparagraph D, paragraph 6. of Art. 81 of the Labor Code of the Russian Federation "Committing theft (including small) of someone else's property at the place of work, embezzlement, deliberate destruction or damage, established by a court verdict that has entered into legal force or by a decision of a judge, body, official authorized to consider cases of administrative offenses."

It is already clear from the text of the law that for the dismissal of an employee on this basis, a court decision or an order of an authorized official is required, that is, an investigation must be carried out. However, in practice, the employee may be asked to leave quietly "of his own free will" so as not to raise a noise that is different circumstances can affect both the reputation of the employee himself (even if he is not guilty of anything), and the reputation of the organization itself. And here the choice is yours.

Unsuitability

Professional unfitness is a discrepancy between the professional qualities of an employee for the position held. In other words, if an employee does not cope with his duties, or copes below the average established level, such an employee may be professionally unsuitable for this position. What if you were fired for incompetence?

Be careful!

In fact, there are many more reasons for dismissing an employee than those listed above. Complete list grounds for dismissals contains Art. 81 of the Labor Code, which you need to know by heart.

Also, the Labor Code stipulates that termination of an employment contract on the initiative of the employer can also occur in other cases provided for by an employment contract with the head of the organization and members of the collegial executive body of the organization. And in each case, checks must be made about the legality of your dismissal. Thus, before signing an employment contract, carefully study it so as not to receive unexpected "surprises".

What is written with a pen ...

What to do if, in your opinion, an illegal entry appeared in the labor book? According to Art. 394 of the Labor Code of the Russian Federation, in cases of dismissal without a legal basis, or in violation of the established procedure for dismissal, or illegal transfer to another job, the court, at the request of the employee, can make a decision to recover in favor of the employee monetary compensation moral harm caused to him by these actions.

Moreover, if the court finds the dismissal unlawful, the employee has the right to ask the court to change the wording of the grounds for dismissal for dismissal of his own free will. In accordance with clause 33 of the Rules for maintaining and storing work books, making work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of 04/16/2003 N 225, if there is a record in the work book about dismissal or transfer to another job, recognized as invalid, the employee, upon his written application, is issued a duplicate of the work book at the last place of work, into which all the entries made in the work book are transferred, with the exception of the entry recognized as invalid.

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When a person is fired from his job at the initiative of a higher management, for him it almost always means psychological stress, painful experiences, a wounded sense of pride. Irritation and resentment can have serious consequences for an organization, from creating a negative image in professional circles to lengthy litigation. It is not uncommon for an angry employee to take revenge on the company by "leaking" a competitor's customer base or by disclosing classified financial information to the tax authorities. In addition, the dismissal, carried out in a rude "clumsy" style, is stressful for the rest of the staff. The remaining employees understand that sooner or later they will be treated in exactly the same way. In the team, labor motivation decreases, loyalty to management disappears, and secret searches for a new place of work begin.

Hence the importance of psychological support for the dismissal of an employee. The process of dismissal itself, if possible, must be made as gentle as possible in relation to the employee leaving the organization. Negative psychological consequences must be minimized. There are several ways for both parties to avoid over-worrying when leaving, so that the employee does not leave embittered and further intrigues the former employer.

Psychological studies have found that the psychological stress caused by dismissal is more pronounced in men than in women. Men, due to their psychophysiological characteristics and stereotypes prevailing in society, are more tuned in to social success, to career achievements. They more often perceive dismissal as a collapse of all their life plans and hopes, and more often they are prone to inappropriate reactions. , in men they are also more pronounced. Women are more flexible in responding to stressful situations and quickly adapt to new conditions. Therefore, oddly enough it looks from a philistine point of view, men need a more attentive and "gentle" approach when they leave than women.

There are several psychological rules that are useful when laying off an employee.

Setting specific tasks for each week / month / quarter and discussing their implementation with the employee can soften the upcoming dismissal procedure. An employee who does not systematically fulfill the assigned tasks is morally prepared for dismissal. Even before the announcement of the decision, he realizes that he cannot cope and may part with him, and also knows why. Therefore, the announcement of dismissal does not come as a surprise to him, does not cause a state of stress. In this case, the stress factor is not the job loss itself, but the constant threat that it is about to happen. And the very fact of losing a job is often perceived with relief - as getting rid of constant suspense and discomfort.

In some cases, it is necessary to record in writing all the tasks that are given to the employee, and the result of their implementation - in case of future litigation. Preparation for dismissal can also be carried out attestation with the communication of the results (negative) to the employee. They make it clear to him that it is time to look for another job.

The conversation in which the dismissal is reported must be structured psychologically competently. It is best to use the psychological technique "PNP". (Positive-Negative-Positive). That is, first you need to list the positive qualities of the dismissed employee, then explain why the person can no longer work in the company, at the end of the conversation you need to reassure the person and once again emphasize his strengths.

Stage 1, positive. At the first stage, it is important to create a positive emotional background, to demonstrate respect for the person, for his personality. This will soften upcoming negative experiences.

Stage 2, negative. Dismissal message. The reaction to it depends on the temperament and character of the person. For some, the reaction is very violent - the employee "explodes", screams (women can cry), blames the bosses for all mortal sins. In this situation, it is important not to interrupt him, but to let him off the steam. Listen to him calmly before continuing the conversation. It is not recommended to express active sympathy to the employee - it will only intensify his emotions. It is also inappropriate to answer according to the principle of "the fool himself" - to emphasize the negative personality traits of the dismissed, to reproach him for laziness, sloppiness and lack of professionalism. This will further embitter the employee and may cause protracted conflict. Stay within the bounds of polite and calm goodwill.

Having “shouted out” all the negativity from himself, the employee will again become able to perceive your arguments. In addition, such an accusatory impulse from an employee who has “nothing to lose” can be very useful for the company. It allows you to find out those negative opinions and moods in the team, which are usually silent and not expressed to the authorities aloud. A smart leader will definitely draw conclusions from the information received.

Anyone who quickly "turns on", as a rule, quickly calms down. Such individuals overcome stress quickly enough. Within a few days after being fired, they bounce back and begin to live not in the past, but in the future.

For calmer, phlegmatic and melancholic personalities, the message of dismissal will not cause such a harsh external reaction. However, their internal psychological experiences are much stronger than those of "explosive" ones. Negative consequences last longer, they tend to accumulate, can cause chronic depression, loss of meaning in life. There are also known cases of suicide when dismissed employees tried to commit suicide.

In these people, psychological stress tends to develop incrementally. Over time, negative experiences do not diminish, but become stronger. The dismissed person accumulates resentment for several weeks or months, and when it becomes unbearable, he suddenly decides to take revenge former employers, begins to develop a sophisticated plan of revenge.

For such individuals, the adaptation period is especially important. They need to be informed about their “own desire” to leave the company in advance and be allowed to work in the company for some time (2-4 weeks) in order to mitigate the period of an acute psychological crisis. During this time, the employee will accept the inevitable and tune in to find a new job.

Stage 3, positive ("rehabilitating"). After the "verdict" is pronounced, it is recommended to pause so that the person has time to come to his senses, realize everything that he was told or "let off steam", and then make a few final "strokes". For example, express confidence that he will definitely be able to reveal his great potential in another place of work. To sweeten the bitter pill, at this stage it is appropriate to discuss the amount of severance pay ("nth number of salaries") that the employee will receive upon dismissal.

Better to emphasize that the dismissal is due to external reasons rather than the personal qualities of the employee. It happens due to objective circumstances, and the employee himself has nothing to do with it. Those. at the third (positive) stage of the conversation, you need to say: "... the company just found itself in such a situation that we are forced to cut staff" or "you good specialist but to meet new challenges in new conditions, we need people with different skills and a different approach. " You can also play on the ambition and ambitions of the dismissed employee, emphasizing his over-qualification: “You are too good for us. You have long outgrown the framework of our company, you are capable of more and for you dismissal is a good reason to rise even higher and fully realize all your inclinations, which at the previous place of work did not find their application. "

The principle of "PNP" is applied in the case when the dismissed employee does not shine business qualities and praise him, in principle, there is nothing. As you know, in accordance with the Labor Code, the employee must be warned about the upcoming dismissal in advance. Therefore, the corresponding conversation between the boss and the negligent subordinate can be structured as follows:

“Dear name! You are not a bad person (positive personality traits are listed). But if you don’t fundamentally change your attitude to work and your financial results, then we will have to part with you. I'll give you two weeks. If, after the expiration of the two-week period, you show that you can handle the job (and we both know very well that you can handle it), everything will be fine. If after two weeks nothing has changed, then write a statement "on your own" and look for another place. Or I myself will officially inform you that you are fired! Until then, come to me for help and advice whenever you need it! I will behave towards you as if nothing happened and you have just started work, and I will do everything in my power for you. "

This text must be pronounced in its entirety and precisely in such a sequence in order to achieve the maximum psychological effect. If after two weeks the situation has not changed, the negligent employee leaves.

Large and successful companies can afford the so-called. - work with reduced staff. Outplacement, as a type of consulting services, is provided by personnel and recruiting agencies. It includes psychological support and, ultimately, employment of the laid off worker as a result of restructuring or any other organizational changes of the employee.

Less successful companies may limit themselves to writing a good recommendation letter for future employers, with which the dismissed employee will go to look for a new job. Of course - only if the employee agrees to quit quietly and without a scandal. During the final conversation, it is advisable to give parting words and advice on future employment: where better to apply, where you can take short-term training, improve your classification, etc. It is important to explain to a person that losing a job and looking for a new one is not a tragedy, but a common stage in any business career. Therefore, we need to be optimistic about the future. Sooner or later, he will definitely find a job that will open up new prospects for professional growth. Demonstrate concern about his fate so that the person does not feel like an unnecessary thing that heartless employers have squeezed out and thrown into the street without regret.

Many companies have good tradition: in a farewell conversation, one of the company's managers thanks the employee for the work and hands him the “weekend” documents. This has a good psychological effect, but only if thanks to a really important person in the organizational hierarchy, and not a staff clerk in the HR department.

If a person has worked for a long time and brought significant benefits to the organization, it is advisable to see him off publicly and with honor. For example, arrange a small farewell buffet and give him a memorable gift in a festive atmosphere. This is especially important if the dismissal occurs in connection with the retirement of a person. Material costs in this case are more than offset by a favorable psychological climate in the organization. Not only the dismissed, but also the remaining staff will feel calm and confident. People will know that the company they are giving best years life, will not treat them indifferently, but will show respect and support. This will have a positive effect on work motivation and loyalty to the leadership.

This behavior on your part will provide, if not a positive, then at least a non-aggressive attitude towards your company. Employees will be more inclined to view their dismissal as an honest and forced act, rather than as meanness on the part of management. They often continue to characterize the company well and do not express any desire to sue it for illegal dismissal or to retaliate against former employers in any other way.

Prepared based on the materials of the training seminar:

© Prepared by Victor Bodalev.
© Psyfactor, 2007